[HISTORY: Adopted by the City Council of the City of Atlantic
City 9-13-1989 by Ord. No. 43-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 111.
Firesafety — See Ch. 128.
Rental property — See Ch. 209A.
Property maintenance — See Ch. 207.
Rooming and boarding houses — See Ch. 211.
[1]
Editor's Note: This ordinance also repealed former Ch. 194,
Occupancy Permits, adopted 11-30-1983 by Ord. No. 74-1983, as amended.
[Amended 8-3-1994 by Ord. No. 55-1994; 5-24-1995 by Ord. No.
34-1995; 6-5-1996 by Ord. No. 29-1996]
A.
No owner, agent of an owner, broker, firm, company, partnership,
corporation, person or persons shall rent, transfer, receive, grant,
lease, let with right of occupancy, or occupy, whether or not for
consideration, a building, condominium, dwelling unit or apartment
or any rooming unit or apartment within a boardinghouse or rooming
house, unless an occupancy permit is issued certifying that said building,
condominium, dwelling unit or apartment or rooming unit or apartment
within a boardinghouse or rooming house is in compliance with all
other ordinances of the City of Atlantic City.
[Amended 6-24-1998 by Ord. No. 31-1998; 9-29-1999 by Ord. No.
42-1999]
B.
The owner of any residential property shall obtain an occupancy permit
prior to the sale of such property involving a new occupancy of any
unit of dwelling space, provided that no occupancy permit shall be
required for the sale of vacant properties, but shall be required
prior to such time as a new occupancy occurs.
C.
The owners and/or managers of every residential building and structure
in the City which is rented or leased shall register with the City
Clerk the names and addresses of the owner, lessor and agent in charge
of the premises residing in the municipality or county together with
such other information the issuing agent shall require for the enforcement
of this chapter.
D.
No owner shall rent or allow the occupancy of any dwelling unit overnight
by greater than the maximum number of occupants permitted for said
unit.
E.
For purposes of this chapter, "owner" means the person who owns,
manages or exercises control of any residential rental property, including
an agent appointed by the owner, in writing, to manage the property
and tenants, where applicable, but shall not include any of the following:
F.
No occupancy permit shall be required on the rental of a dwelling
unit in a building containing multiple dwelling units which is owned
and operated by the United States, the State of New Jersey or the
Atlantic City Housing Authority so long as such respective governmental
entity enforces its own property maintenance code or otherwise regulates
and maintains the habitability standards of its rental units.
G.
The owner of any rooming house or boardinghouse shall obtain an occupancy
permit for each rooming unit prior to the occupancy of that unit.
A new occupancy permit shall be required after the expiration of one
year. Multiple tenancies shall not affect the duration of the occupancy
permit for the rooming unit.
[Added 9-29-1999 by Ord. No. 42-1999]
[Amended 12-19-1990 by Ord. No. 93-1990; 6-5-1996 by Ord. No.
29-1996]
A.
Inspection required.
[Amended 9-29-1999 by Ord. No. 42-1999]
(1)
Permits shall be issued only upon an inspection by the Division of
Code Enforcement finding that a dwelling unit, apartment, rooming
house and boardinghouse or any other space or place of residence is
in compliance with the Property Maintenance Code.[1]
(2)
Permits for rooming houses and boardinghouses shall be issued only
upon an inspection by the Division of Code Enforcement finding that
the rooming unit contained within a rooming house or boardinghouse
is in compliance with N.J.S.A. 55:13B-1 et seq., the Rooming and Boarding
House Act, and N.J.A.C. 5:27-1 et seq., the Regulations Governing
Rooming and Boarding House Standards.
B.
The issuing agent shall deny a permit if he or she determines that
a dwelling, apartment or rooming unit within a rooming house or boardinghouse
or other place of residence is unfit for human habitation, if he or
she finds that conditions exist in such dwelling, apartment or rooming
unit within a rooming house or boardinghouse or other place of residence
which are dangerous or injurious to the health, welfare or safety
of the occupant or occupants thereof, the occupancy of neighboring
dwelling apartments or rooming unit within a rooming house or boardinghouse
or other structures or to residents or the municipality. Such conditions
may include, without being limited to, defects increasing the hazard
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation, disrepair or structural
defects; and uncleanliness.
[Amended 9-29-1999 by Ord. No. 42-1999]
C.
The issuing agent shall complete action on an application within 10 business days after the application for an occupancy permit has been filed with the issuing agent. In the event that action is not completed within 10 business days, the issuing agent shall immediately issue a temporary occupancy permit, provided that the failure to complete action on an application was not caused by the action or inaction of the owner. Said temporary occupancy permit shall allow occupation until such time as an inspection is performed and an occupancy permit is either issued or denied in accordance with the other provisions of this chapter. In the event of the denial of an occupancy permit after a temporary occupancy permit has been issued under this subsection, the owner is solely liable for correcting the violations or removing the residents within the required time period. If the issuing agent determines that the unit is unfit for human habitation, the owner shall be liable for the enhanced penalties of § 194-9 immediately.
D.
In the event of denial of an occupancy permit or the issuance of
a conditional permit, a report listing the deficiencies of the dwelling
unit and applicable sections of the Code shall be prepared and sent
to the applicant. The applicant shall have the right to appeal any
of the findings under the procedures already in place for the respective
code violations or other deficiencies found within 30 days of receipt
of the report if a property maintenance violation or within the times
provided by other respective chapters of the City Code as required.
[Amended 8-3-1994 by Ord. No. 55-1994; 6-5-1996 by Ord. No.
29-1996; 6-21-2023 by Ord. No. 37-2023]
Applications for permits shall be made in writing on the forms
prescribed by the issuing agent and shall state the name and address
of the owner, the name and address of the renting agent and a description
of the premises to be occupied, the street address, the number of
persons who shall occupy the property and such other information as
the issuing agent deems necessary for the enforcement of this chapter. If
the owner is an LLC, corporation or partnership, the following information
must be included: individual names of all members of the LLC, principals
of the corporation or partners in the partnership
[Amended 8-3-1994 by Ord. No. 55-1994; 5-24-1995 by Ord. No.
34-1995; 6-5-1996 by Ord. No. 29-1996; 9-29-1999 by Ord. No. 42-1999; 4-20-2016 by Ord. No. 20-2016]
A.
The fee for the filing of an application of an occupancy permit to
sell a residential property shall be in the sum of $75 per building
structure (residential) or $75 for each unit in buildings with two
or more dwelling units. Each reinspection shall be an additional fee
of $50 per dwelling unit.
[Amended 6-21-2023 by Ord. No. 37-2023]
B.
The fee for the filing of an application for an occupancy permit
for a rental shall be the sum of $75 per dwelling unit.
[Amended 6-21-2023 by Ord. No. 37-2023]
C.
No fee shall be required where the premises are owned by the United
States of America, the State of New Jersey, the City of Atlantic City
or any of their political subdivisions.
[Amended 5-24-1995 by Ord. No. 34-1995; 6-5-1996 by Ord. No.
29-1996]
A.
Hotels, motels are excluded from this chapter. An occupancy permit shall be obtained prior to the rental of any apartment contained within any hotel or motel, rooming house or boardinghouse or any multiple-dwelling building. Any changes of tenancy in the apartment would constitute circumstances for obtaining a new occupancy permit under § 194-1.
[Amended 9-29-1999 by Ord. No. 42-1999]
B.
Where there are one or more dwelling units or separately occupiable
spaces in a building, a separate occupancy permit must be obtained
for each said unit or space prior to occupancy.
C.
A new occupancy permit is required for each apartment or dwelling
unit prior to a change of tenants.
D.
In a building with multiple dwelling units or spaces where the common
elements have been inspected within the last six months, the issuing
agent may, upon his or her discretion, require only an inspection
of the dwelling unit itself which is to be rented or otherwise occupied.
E.
Occupancy permits shall be required for the common elements of properties
with one or more occupied units and any occupied units in such property
on the sale or transfer of a building containing multiple dwelling
units.
F.
Occupancy permits shall be required for each rooming unit to be rented
in any rooming house or boardinghouse. Such occupancy permits for
each rooming unit shall be valid for a period of one year, regardless
of the number of tenancies.
[Added 9-29-1999 by Ord. No. 42-1999]
[Amended 8-3-1994 by Ord. No. 55-1994; 5-24-1995 by Ord. No.
34-1995; 6-5-1996 by Ord. No. 29-1996; 4-12-2013 by Ord. No.
20-2013; 6-12-2013 by Ord. No. 34-2013; 11-26-2013 by Ord. No.
64-2013; 4-20-2016 by Ord. No. 20-2016; 12-16-2020 by Ord. No. 51-2020; 3-16-2022 by Ord. No. 10-2022[1]]
A.
Purpose.
(1)
The City Council of the City of Atlantic City finds and declares
that the short-term rental of dwellings within the City benefits the
local community by affording owners of such dwellings the ability
to garner additional income from their real property (also referenced
as "property") in order to diminish the financial burden of carrying
costs and maintenance expenses related to the property, as well as
providing travelers with an alternative option for accommodations
in the City, thereby promoting the local travel and tourism industry,
and contributing to the economic vitality of the City.
(2)
Notwithstanding those benefits, the City Council also finds and declares
that certain transitory uses of residential property, if unregulated,
tend to affect the residential character of the community and can
be injurious to the health, safety and welfare of the community.
(3)
The intended purposes of this section are to: a) protect the public
health, safety and general welfare of individuals and the community
at large; b) provide for an organized and reasonable process for the
short-term rental of dwellings in the City; c) protect the long-term
housing market stock in the City; and d) ensure that the short-term
rental property inventory in the City satisfies basic property maintenance
standards, in order to protect the safety of occupants and the citizens
of the City.
(4)
The City Council of the City of Atlantic City has therefore determined
that it shall be unlawful for any owner of any property within the
geographic bounds of the City of Atlantic City, New Jersey, to engage
in the short-term rental of property or operate a short-term rental
contrary to the procedures and regulations established in this section,
or applicable state statute.
(5)
Therefore, the owners of dwellings which are occupied on a short-term
rental basis shall obtain a short-term rental license prior to the
first rental occupancy of the year for that dwelling.
B.
Authority. In accordance with New Jersey law, a municipality may
make and enforce within its limits all ordinances and regulations
not in conflict with general laws, as it may deem necessary and proper
for the good government, order and protection of persons and property,
and for the preservation of the public health, safety and welfare
of the municipality and its inhabitants. The City of Atlantic City
hereby adopts the within section in accordance with said authority.
C.
APPLICATION FEE
GUEST or INVITEE
NUISANCE PROPERTY
OCCUPANCY LOAD
OCCUPANT
OWNER
PROPERTY
RESPONSIBLE PARTY
SHORT-TERM RENTAL
SHORT-TERM RENTAL LICENSE
SHORT-TERM RENTAL PROPERTY
SHORT-TERM RENTAL PROPERTY AGENT
Definitions. As used in this section, the following terms shall have
the meanings indicated below:
The fee charged by the City of Atlantic City for the initial
application and/or any renewal fee for a short-term rental license.
Any guest or invitee of an STRP occupant who does not live,
sleep, or have possession of a space within an STRP.
Any property that has been determined as violating Chapter 190 of the Code of the City of Atlantic City through excessive qualifying calls for services, as defined by that chapter.
The number of occupants permitted in a short-term rental
property, based upon an inspection completed by City Code Enforcement
Inspectors of the Department of Licensing and Inspections in compliance
with the International Property Maintenance Code (IPMC), as may be
amended from time to time.
Shall have the same meaning as defined by Section 202 of
the IPMC, "any individual living or sleeping in a building or having
possession of a space within a building," as may be amended from time
to time.
An individual or entity holding title to a property proposed
for short-term rental, by way of a legally recorded deed.
A parcel of real property located within the boundaries of
the City of Atlantic City, Atlantic County, New Jersey.
Both the short-term rental property owner and a person designated
by the owner to be called upon and be responsible at all times during
the period of a short-term rental and to answer for the maintenance
of the property, or the conduct and acts of occupants, guests, and
invitees of the short-term rental property, and, in the case of the
property manager, to accept service of legal process on behalf of
the owner of the short-term rental property.
Also referenced as "STR," the use, for a rental fee, of a
dwelling for occupancy by someone other than the dwelling's owner,
family or relatives, or permanent resident, in each case for a period
of less than 90 consecutive days. The dwelling may be rented to short-term
renters throughout the one-year licensed period.
The license issued pursuant to this City Code section.
Also referenced as "STRP," a property with a dwelling as defined in § 163-15 of the Code of the City of Atlantic City, that is used and/or advertised for rent as a short-term rental by transient occupants, as those terms are defined in this section.
Any New Jersey licensed real estate agent, or other person
designated and charged by the owner of a short-term rental property,
with the responsibility for making the STR application to the City
and fulfilling all of the obligations in connection with completion
of the short-term rental property license application process on behalf
of the owner. Such person shall be available for, and responsive to
contact on behalf of, the owner, at all times.
D.
Process for application and issuance of short-term rental license.
(1)
Upon receipt of an application fee, a thorough review of documents
will occur to ensure the required documents are provided, current,
and accurate. Additionally, a thorough physical inspection of the
dwelling in accordance with the IPMC will be conducted by Code Enforcement
Inspectors of the Department of Licensing and Inspections for Code
compliance within 15 business days after receipt of the application
fee and confirmation that all required documentation has been provided
and is current and accurate. Once the inspection has been completed
and the dwelling has been determined to be in compliance with the
IPMC, the annual license fee must be submitted. When payment of the
license fee is received, the short-term rental license shall be issued.
(2)
The fee schedule for short-term rental applications and licenses
is indicated below based on occupancy load per STRP, regardless of
the number of changes of tenancy throughout the one-year license period.
The occupancy load shall be determined by Code Enforcement Inspectors
of the Department of Licensing and Inspections using the IPMC.
E.
Regulations pertaining to short-term rentals.
(1)
It shall be unlawful for any owner of any property within the geographic
bounds of the City of Atlantic City, New Jersey, to engage in the
short-term rental of property or operate a short-term rental contrary
to the procedures and regulations established in this section or applicable
state statute.
(2)
Subject to the restrictions below, short-term rentals shall be permitted
to be conducted in any dwelling in the City of Atlantic City.
(3)
Short-term rentals shall not be permitted in boardinghouses or rooming
houses, dormitories, foster homes, adult family care homes, assisted
living facilities, community residences for developmentally disabled
persons, community shelters for victims of domestic violence, or nursing
homes. Further, short- term rental of the following properties is
prohibited:
(a)
Condominium or cooperative dwellings, where the condominium
association or cooperative corporation in its governing documents
expressly prohibits such short-term rental of dwelling units in the
development.
F.
Short-term rental license; license registration fee/application;
and occupancy permit.
(1)
The owner/operator of a short-term rental property shall obtain a
short-term rental license from the City of Atlantic City Landlord
Registration Code Enforcement Division of the Department of Licensing
and Inspections before renting or advertising for rent any short-term
rental.
(2)
The failure to obtain a valid STR license prior to operating an STRP
or advertising the short-term rental property in any print, digital,
internet advertisement or web-based platform, and/or in the MLS or
any realtor's property listing shall be a violation of this section.
No STR license issued under this section may be transferred, assigned,
or used by any person or entity, other than the owner to whom it is
issued, or at any property location or dwelling other than the property
for which it is issued.
(3)
An owner of property intended to serve as a short-term rental property,
as defined herein, or any agent acting on behalf of the owner, shall
submit to the City of Atlantic City Landlord Registration Code Enforcement
Division of the Department of Licensing and Inspections a short-term
rental license application provided by the City, along with a $150
application fee. Said application fee shall be nonrefundable, including
in the event that the application is denied.
(4)
The short-term rental license, if granted, shall be valid for the
year for which the applicant has applied, without proration.
(5)
Owners of a short-term rental property, as defined herein, or any
agent acting on behalf of the owner, who intends to rent all of the
property, or any permitted part thereof, as a short-term rental, shall
also make application to the City of Atlantic City Landlord Registration
Code Enforcement Division of the Department of Licensing and Inspections
in conjunction with the short-term rental license application, and
make application for a state-mandated landlord registration statement
and rental occupancy permit for the short-term rental property on
such forms as required by that Division.
(6)
A short-term rental license shall be renewed on an annual basis by submitting to the City of Atlantic City Landlord Registration Code Enforcement Division of the Department of Licensing and Inspections a short-term rental license application and a renewal registration fee based upon occupancy load, pursuant to Subsection D.
(7)
The short-term rental license shall expire automatically when the
short-term rental property changes ownership, and a new initial application
and first-time registration fee will be required in the event that
the new owner intends to use the property as a short-term rental property.
A new application and first-time registration fee shall also be required
for any short-term rental that had its short-term rental license revoked
or suspended. Short-term rental licenses are not assignable and any
fees charged shall not be prorated or refunded.
G.
Requirements for short-term rental licenses and inspections.
(1)
Applicants for a short-term rental license shall submit, on an annual basis, an application for a short-term rental license to the City of Atlantic City Landlord Registration Code Enforcement Division of the Department of Licensing and Inspections. The application shall be furnished, under oath, on a form specified by the Director of Licensing and Inspections, accompanied by the nonrefundable application fee as set forth in Subsection D above. Such application shall include:
(a)
The name, address, telephone number and email address of the
owner(s) of record of the dwelling for which a license is sought.
If such owner is not a natural person, the application must include
and identify the names of all partners, officers and/or directors
of any such entity, and the personal contact information, including
address and telephone numbers, for each of them;
(b)
The address of the dwelling to be used as an STRP;
(c)
If the owner is an LLC, corporation, or partnership the following
information must be included: individual names of all members of the
LLC, principals of the corporation or partners in the partnership;
(d)
A copy of the driver's license or state identification card
of the owner of the short-term rental property;
(e)
The name, address, telephone number and email address of the
short-term rental property responsible party/agent, which shall constitute
his or her seven-day-a-week twenty-four-hour-a-day contact information;
(f)
The owner's acknowledgement that he or she has received a copy
of this section, has reviewed it, understands its requirements and
certifies, under oath, as to the accuracy of all information provided
in the license application;
(g)
The owner's acknowledgement that on-street parking for STRPs will be governed in the same manner as all other residential properties in the City, including §§ 243-46, 243-46.1, 243-48 and 243-49, and Chapter 243, Schedule XXVI, of the Code of the City of Atlantic City. No other on-street parking will be permitted, unless as designated by the City;
(h)
Off-street parking permits will be available for purchase by
owners of the STRPs after license issuance. The permits will authorize
access to off-street parking facilities. A discounted parking fee
will be charged to each permitted vehicle prior to entering the facility;
and
(i)
Any other information that this chapter requires a property
owner to provide to the City in connection with an application for
a short-term rental license.
(2)
Every application for a short-term rental license shall require annual
inspections for the STRP's compliance with the City's fire safety
regulations and the IPMC. In addition, each application is subject
to review to verify the STRP's eligibility for use as a short-term
rental and compliance with the regulations in this section.
(3)
For a condominium short-term rental license application, a letter
of approval by the condominium association must be submitted with
the application.
(5)
A sworn statement shall be required that there have been no prior revocations or suspensions of a short-term rental license under this chapter, or a seasonal license under former Chapter 194, § 194-6, replaced by this section. In the event a license is not issued, an applicant may appeal the denial as provided hereinafter.
(6)
Attached to and concurrent with submission of the license application
described in this section, the owner shall provide:
(a)
Proof of the owner's current ownership of the short-term rental
dwelling;
(b)
Proof of general liability insurance in a minimum amount of
$300,000, including coverage specific to short-term rental activity;
and
(c)
Written certifications from the short-term rental property agent
and responsible party that they agree to perform all the respective
duties specified in this section.
(7)
There shall be no conditional licenses. Upon review of documents
according to the IPMC, the dwelling will receive either a pass or
a fail for the license. If the dwelling receives a "fail" the owner
must make all necessary improvements and call for a new inspection.
Each additional inspection will be a charge of $50 to the owner.
(8)
In no event shall a short-term rental property be rented to anyone
younger than 21 years of age. The primary occupant of all short-term
rentals executing the agreement between the owner and the occupant
must be over the age of 21 and must be a party who will physically
occupy the property during the term of the short-term rental. The
primary occupant may have occupants under the age of 21 share and
occupy the property with them. Both the primary occupant executing
the short-term rental agreement and the property owner shall be responsible
for compliance with this provision and shall both be liable for a
violation where the property is not occupied by at least one adult
over the age of 21 during the term of the short-term rental.
(9)
The owner of the short-term rental must maintain three years of records
concerning rental occupancy, including the identity of all occupants
who have rented the property, which shall consist of names, addresses
and dates of occupancy, which shall be made available upon the request
of the City.
H.
Issuance of license and appeal procedure.
(1)
Once an application is submitted, complete with all required information
and documentation and fees, the City of Atlantic City Landlord Registration
Code Enforcement Division of the Department of Licensing and Inspections,
following any necessary investigation for compliance with this section,
shall either issue the short-term rental license and occupancy permit,
or issue a written denial of the license application (with the reasons
for such denial being stated therein), within 10 business days.
(2)
If denied, the applicant shall have 10 business days to appeal, in
writing, to the Atlantic County Construction Board of Appeals, pursuant
to N.J.A.C. 5:23A, or, alternatively, to the Hearing Coordinator,
Division of Codes and Standards, Department of Community Affairs,
pursuant to N.J.A.C. 5:23-2.38.
I.
Short-term rental operational requirements.
(1)
All short-term rentals must comply with all applicable rules, regulations,
and ordinances of the City of Atlantic City and all applicable rules,
regulations, and statutes of the State of New Jersey. The STRP owner
shall ensure that the STRP is used in a manner that complies with
all applicable laws, rules, and regulations pertaining to the use
and occupancy of an STRP.
(2)
An STRP shall not install any advertising or identifying mechanisms,
such as signage, including lawn signage, on the property identifying
the property for rent as a short-term rental property.
(3)
Any occupant, guest, or invitee of an STRP shall comply with all
ordinances of the City of Atlantic City, including, but not limited
to, those ordinances regulating noise and nuisance conduct. Failure
of an occupant, guest, or invitee to comply shall subject the occupant,
guest, invitee, owner of the STRP, the responsible party, and the
short-term rental agent listed in the short-term rental license application
to the issuance of fines and/or penalties.
(4)
If a property has been determined to be a nuisance property, as defined in City Code Chapter 190, the Director of Licensing and Inspections may suspend the ability of the owner to rent the property. The owner will have 10 business days to appeal this determination, in writing, to the Atlantic County Construction Board of Appeals, pursuant to N.J.A.C. 5:23A, or, alternatively, to the Hearing Coordinator, Division of Codes and Standards, Department of Community Affairs, pursuant to N.J.A.C. 5:23-2.38.
(5)
The owner of an STRP shall post the following information in a prominent
location within the short-term rental:
(a)
Owner name or, if owner is an entity, the name of a principal
in the entity, and phone number for the owner or principal;
(b)
The names and phone numbers for the responsible party and the short-term rental agent, as those individuals are defined in Subsection C;
(c)
The phone numbers for the Atlantic City Police Department, the
Atlantic City Fire Department, the City of Atlantic City Division
of Code Enforcement, and the City of Atlantic City Landlord Registration
Code Enforcement Division of the Department of Licensing and Inspections;
(d)
Copy of the short-term rental license, detailing the occupancy
load;
(e)
Trash and recycling pickup day(s), and all applicable rules
and regulations regarding trash disposal and recycling, must be posted
in a prominent location. The number and size of trash receptacles
or toters required for the STRP will be based upon occupancy load
of the property, according to the same standards applicable to any
other residential property, and will be determined prior to the issuance
of the STR license by the City of Atlantic City Department of Public
Works and noted on the approved license. No open containers, containers
without lids, or uncontained plastic trash bags will be permitted;
and
(f)
Notification that an occupant, guest, invitee, short-term rental
property agent, responsible party, or owner may be cited or fined
by the City of Atlantic City Police Department or the City of Atlantic
City Landlord Registration Code Enforcement Division of the Department
of Licensing and Inspections for violations of, and in accordance
with, any applicable rule, regulation, or ordinance of the City of
Atlantic City.
(6)
In the event any complaints are received by the Atlantic City Police
Department or the Landlord Registration Code Enforcement Division
of the Department of Licensing and Inspections regarding the short-term
rental and/or an occupant, guest, or invitee of an STRP, and the owner
of the STRP is unreachable or unresponsive, both the responsible party
and the short-term rental agent listed in the short-term rental license
application shall have the responsibility to take any action required
to properly resolve such complaints, and shall be authorized by the
STRP owner to do so.
(7)
The owner, short-term rental agent, and/or responsible party shall
be available 24 hours per day, seven days per week for the purpose
of responding within one hour of a complaint regarding the condition
of the STRP premises, maintenance of the STRP premises, operation
of the STRP, or conduct of occupants, guests, or invitees at the STRP,
or nuisance complaints from the Atlantic City Police Department, or
substantiated complaints from neighbors.
(8)
Failure to make application for, and to obtain the issuance of, a
short-term rental license prior to advertising the rental in print
publications or newspapers, on any internet-based or online booking
platforms, and/or in the MLS or other real estate listing of a real
estate agent licensed by the NJ Real Estate Commission shall be equivalent
to operation of the rental without a license, and shall constitute
a violation of this Code, and will result in enforcement action and
the issuance of a summons, and may subject the owner, rental agent,
and responsible party to issuance of fines and/or penalties.
(9)
The person offering a dwelling for short-term rental use must be
the owner of the dwelling. A tenant of an STR property may not apply
for a short-term rental license, nor shall the STR property or any
portion thereof be subleased by the tenant on a short-term basis or
operated as an STRP by the tenant. This short-term rental regulation
shall supersede any conflicting provision in a private lease agreement
permitting subleasing of the STR property, or any portion of the STR
property. Violation of this section will result in enforcement action
against the tenant, the owner, the rental agent, and the responsible
party, and will subject all such parties to the issuance of a summons
and levying of fines and/or penalties.
(10)
The STRP owner must be current with all taxes, water, and sewer
charges assessed to the property prior to the issuance of a short-term
rental license. In the event that any code violations have been issued
by the City relating to the STRP, a short-term rental license shall
not be issued until such time as such violations have been properly
abated. The STRP owner must also close any open construction permits
for the property prior to the issuance of a short-term rental license.
(11)
All fines or penalties issued by the Municipal Court for the
City of Atlantic City for any past code violations relating to the
STRP, including penalties for failure to appear in court, unless the
subject of an ongoing appeal, must be satisfied in full prior to the
issuance of a short-term rental license.
J.
Violations and penalties. A violation of any provision of the within
section may subject the STRP owner, occupants, guests, or invitees,
the short-term property rental agent, and the responsible party, or
their agents, to fines up to $2,000 per violation, to be assessed
at the discretion of the Municipal Judge before whom such violations
shall be brought. The failure to obtain a valid STR license prior
to renting an STRP may be considered a continuing violation that may
subject the STRP owner to fines up to $2,000 per violation per day
that the violation exists. These fines are in addition to violations
of any other section of applicable chapters on the City Code of the
City of Atlantic City. After two adjudicated violations in a one-year
license period, an STRP owner's short-term rental license may be revoked
after a hearing before the Director of Licensing and Inspections,
which revocation may be appealed, in writing, to the Atlantic County
Construction Board of Appeals, pursuant to N.J.A.C. 5:23A, or, alternatively,
to the Hearing Coordinator, Division of Codes and Standards, Department
of Community Affairs, pursuant to N.J.A.C. 5:23-2.38.
[1]
Editor's Note: This ordinance also repealed Ord. No. 67-2020,
adopted 1-27-2021, which restricted short-term rentals in the Chelsea
District from Annapolis Avenue to Jackson Avenue and Albany Avenue
to Raleigh Avenue.
[Amended 6-5-1996 by Ord. No. 29-1996]
A.
The issuing agent may, in his or her discretion, not to be unreasonably
withheld, issue a conditional occupancy permit upon finding that only
minor violations exist, such as exterior or common area violations,
but which number and scope of violations and deficiencies do not so
seriously affect safety to prevent habitation for a limited time.
Such conditional permit may be issued for a period not to exceed 30
days, including extensions, permitting conveyance or rental upon the
express condition that the violation(s) are cured within the time
specified. The issuing agent shall not issue a conditional permit
if he or she finds that the City of Atlantic City may become responsible
for relocation costs of occupants if the violations are not cured
or may require a bond to be posted in such amount that shall cover
relocation costs.
B.
In addition to the above, conditional occupancy permits may be issued
for major exterior renovations of multifamily or high-rise buildings,
provided that the safety of the occupants and the public is not affected.
Major renovations shall include new windows on the entire structure,
new siding, painting of the entire structure, new electrical service
for the building or other such projects. However, in no case may the
amount of time, including extensions, exceed 180 days.
[Amended 12-19-1990 by Ord. No. 93-1990; 6-5-1996 by Ord. No.
29-1996]
B.
The issuing agent shall have such powers as may be necessary to enforce
the provisions of this chapter, including the following:
(1)
To investigate the dwelling conditions in the City of Atlantic City
in order to determine which dwelling(s), apartment(s) or other places
of residence therein are unfit for human habitation.
(2)
To administer oaths, affirmation, to examine witnesses and to receive
evidence.
(3)
To enter upon the premises for the purpose of making examination.
(4)
To delegate any of his or her functions and powers to such officers
and agents as he may designate or who may be designated as subordinate
to him or her by the City Code.
[Amended 6-17-1992 by Ord. No. 67-1992; 8-3-1994 by Ord. No.
55-1994; 6-5-1996 by Ord. No. 29-1996; 11-25-2008 by Ord. No.
104-2008]
A.
Any person or entity violating any of the terms of this chapter shall
be subject to a fine of not less than $500 nor more than $2,000 or
imprisonment for not more than 90 days, or both, for each violation,
at the discretion of the Municipal Judge before whom such case shall
be brought, except that where a violation of this chapter occurs involving
actual occupancy in a dwelling unit which is declared unfit for human
habitation, the person or entity responsible shall be subject to a
minimum fine of $1,000 and/or 90 days in jail for each violation.
B.
Notwithstanding Subsection A of this section, a person who manages or exercises control of any residential property (hereinafter referred to as "agent") shall not be liable for a violation of this chapter if:
(1)
Within seven business days of receiving notice of such violation,
including receipt of a summons, the agent sends written notice, together
with a copy of the notice of violation or summons, by regular and
certified mail or personal delivery to the owner with a copy to the
issuing agent, stating that such agent terminates the management function;
or
(2)
Such agent lacks written delegated authority and is without the funds generated from the property to remedy the violation; however, if the agent has the written delegated authority to remedy the violation and the funds generated from the property necessary to remedy the violation and fails to remedy the violation, then the agent shall be liable for such violation notwithstanding resignation by such agent pursuant to § 194-9B(1).
[Amended 12-19-1990 by Ord. No. 93-1990]
The Code Official or his officer or agent shall, upon the completion
of an inspection, prepare a report of the same, which shall be kept
on file in his office for a period of five years from the date of
said inspection.
This chapter is enacted for regulation purposes and not for
revenue.
[Added 6-5-1996 by Ord. No. 29-1996]
Unless otherwise provided by this Code or applicable law, all
notices required to be sent to any owner, lessor or agent from the
City shall be sufficient to said owner, lessor or agent if posted
upon a conspicuous place on the premises where the owner or lessor
has failed to register the premises and failed to designate an agent
or where such agent has been designated but cannot be found at the
address given.
[Added 6-5-1996 by Ord. No. 29-1996]
The provisions of this chapter are severable, and should any
part thereof be declared unlawful, the remaining provisions shall
continue in full force and effect.
[Added 6-5-1996 by Ord. No. 29-1996]
Prior § 194-1 of this chapter, prohibiting sales, rentals, etc., of any "[. . . .] building, condominium, dwelling unit or apartment (unless it is) in compliance with all other ordinances, including but not limited to the Land Use Ordinance of the City of Atlantic City," is saved from repeal until the conclusion of litigation in the matter of A.C. Landlords v. City of Atlantic City, Docket No. ATL-L-1856-95, including any appeals, but enforcement is stayed subject to the issuance of appropriate future orders of the Superior Court of New Jersey allowing enforcement of said provision.
